§ 530. Reimbursement for detention. 1. Definitions. As used in this
section, the term "municipality" shall mean a county, or a city having a
population of one million or more.

2. Expenditures made by municipalities in providing care, maintenance
and supervision to youth in detention facilities designated pursuant to
section 305.2 of the family court act and certified by office of
children and family services, shall be subject to reimbursement by the
state, as follows:

(a) Notwithstanding any provision of law to the contrary, eligible
expenditures by a municipality during a particular program year for the
care, maintenance and supervision in secure and non-secure detention
facilities certified by the office in accordance with section five
hundred three of this article for those youth alleged to be juvenile
delinquents; adjudicated juvenile delinquents held pending transfer to a
facility upon placement, and juvenile delinquents held at the request of
the office of children and family services pending extension of
placement hearings or release revocation hearings or while awaiting
disposition of such hearings; and youth alleged to be or convicted as
juvenile offenders, youthful offenders and adolescent offenders and
prior to January first, two thousand twenty, youth alleged to be persons
in need of supervision or adjudicated persons in need of supervision
held pending transfer to a facility upon placement in foster care
programs certified by the office of children and family services,
certified or approved foster boarding homes and non-secure detention
facilities certified by the office, shall be subject to state
reimbursement for up to fifty percent of the municipality's
expenditures, exclusive of any federal funds made available for such
purposes, not to exceed the municipality's distribution from funds that
have been appropriated specifically therefor for that program year.
Municipalities shall implement the use of detention risk assessment
instruments in a manner prescribed by the office so as to inform
detention decisions. Notwithstanding any other provision of state law to
the contrary, data necessary for completion of a detention risk
assessment instrument may be shared among law enforcement, probation,
courts, detention administrators, detention providers, and the attorney
for the child upon retention or appointment; solely for the purpose of
accurate completion of such risk assessment instrument, and a copy of
the completed detention risk assessment instrument shall be made
available to the applicable detention provider, the attorney for the
child and the court.

(b) The state funds appropriated for juvenile detention services shall
be distributed to eligible municipalities by the office of children and
family services based on a plan developed by the office which may
consider historical information regarding the number of youth remanded
to detention, the municipality's reduction in the use of detention, the
municipality's youth population, and other factors as determined by the
office. Such plan developed by the office shall be subject to the
approval of the director of the budget. The office is authorized, in its
discretion, to make advance distributions to a municipality in
anticipation of state reimbursement.

(c) A municipality may also use the funds distributed to it for
juvenile detention services under this section for a particular program
year for sixty-two percent of a municipality's eligible expenditures for
supervision and treatment services for juveniles programs approved under
section five hundred twenty-nine-b of this title for services that were
not reimbursed from a municipality's distribution under such program
provided to at-risk, alleged or adjudicated juvenile delinquents or
persons alleged or adjudicated to be in need of supervision, or alleged
to be or convicted as juvenile offenders in community-based
non-residential settings. Any claims submitted by a municipality for
reimbursement for detention services or supervision and treatment
services for juveniles provided during a particular program year for
which the municipality does not receive state reimbursement from the
municipality's distribution of detention services funds for that program
year may not be claimed against the municipality's distribution of funds
available under this section for the next applicable program year. The
office may require that such claims be submitted to the office
electronically at such times and in the manner and format required by
the office.

(d) (i) Notwithstanding any provision of law or regulation to the
contrary, any information or data necessary for the development,
validation or revalidation of the detention risk assessment instrument
shall be shared among local probation departments, the office of
probation and correctional alternatives and, where authorized by the
division of criminal justice services, the entity under contract with
the division to provide information technology services related to youth
assessment and screening, the office of children and family services,
and any entity under contract with the office of children and family
services to provide services relating to the development, validation or
revalidation of the detention risk assessment instrument. Any such
information and data shall not be commingled with any criminal history
database. Any information and data used and shared pursuant to this
section shall only be used and shared for the purposes of this section
and in accordance with this section. Such information shall be shared
and received in a manner that protects the confidentiality of such
information. The sharing, use, disclosure and redisclosure of such
information to any person, office, or other entity not specifically
authorized to receive it pursuant to this section or any other law is
prohibited.

(ii) The office of children and family services shall consult with
individuals with professional research experience and expertise in
criminal justice; social work; juvenile justice; and applied
mathematics, psychometrics and/or statistics to assist the office in
determining the method it will use to: develop, validate and revalidate
such detention risk assessment instrument; and analyze the effectiveness
of the use of such detention risk assessment instrument in accomplishing
its intended goals; and analyze, to the greatest extent possible any
disparate impact on detention outcomes for juveniles based on race, sex,
national origin, economic status and any other constitutionally
protected class, regarding the use of such instrument. The office shall
consult with such individuals regarding whether it is appropriate to
attempt to analyze whether there is any such disparate impact based on
sexual orientation and, if so, the best methods to conduct such
analysis. The office shall take into consideration any recommendations
given by such individuals involving improvements that could be made to
such instrument and process.

(iii) Data collected for the purposes of completing the detention risk
assessment instrument from any source other than an officially
documented record shall be confirmed as soon as practicable. Should any
data originally utilized in completing the risk assessment instrument be
found to conflict with the officially documented record, the risk
assessment instrument shall be completed with the officially documented
data and any corresponding revision to the risk categorization shall be
made. The office shall periodically revalidate any approved risk
assessment instrument. The office shall conspicuously post any approved
detention risk assessment instrument on its website and shall confer
with appropriate stakeholders, including but not limited to, attorneys
for children, presentment agencies, probation, and the family court,
prior to revising any validated risk assessment instrument. Any such
revised risk assessment instrument shall be subject to periodic
empirical validation.

3. Wherever detention services are not provided directly or indirectly
by a municipality, the municipality shall act as the intermediary
between the office of children and family services and the agency
lawfully providing such services, for the purpose of claiming and
receiving reimbursement, furnishing financial information and obtaining
approval for reserved accommodations pursuant to this section.

4. (a) The municipality must notify the office of children and family
services of state aid received under other state aid formulas by each
detention facility for which the municipality is seeking reimbursement
pursuant to this section, including but not limited to, aid for
education, probation and mental health services.

(b) In computing reimbursement to the municipality pursuant to this
section, the office shall insure that the aggregate of state aid under
all state aid formulas shall not exceed fifty percent of the cost of
care, maintenance and supervision provided to detainees eligible for
state reimbursement under subdivision two of this section, exclusive of
federal aid for such purposes not to exceed the amount of the
municipality's distribution under the juvenile detention services
program.

(c) Reimbursement for administrative related expenditures as defined
by the office of children and family services, for secure and nonsecure
detention services shall not exceed seventeen percent of the total
approved expenditures for facilities of twenty-five beds or more and
shall not exceed twenty-one percent of the total approved expenditures
for facilities with less than twenty-five beds.

5. (a) Except as provided in paragraph (b) of this subdivision, care,
maintenance and supervision for the purpose of this section shall mean
and include only:

(1) temporary care, maintenance and supervision provided to alleged
juvenile delinquents in detention facilities certified pursuant to
section 305.2 of the family court act by the office of children and
family services, pending adjudication of alleged delinquency by the
family court, or pending transfer to institutions to which committed or
placed by such court or while awaiting disposition by such court after
adjudication or held pursuant to a securing order of a criminal court if
the person named therein as principal is under seventeen years of age;
or

(1-a) commencing on October first, two thousand nineteen, temporary
care, maintenance, and supervision provided to alleged juvenile
delinquents in detention facilities certified by the office of children
and family services, pending adjudication of alleged delinquency by the
family court, or pending transfer to institutions to which committed or
placed by such court or while awaiting disposition by such court after
adjudication or held pursuant to a securing order of a criminal court if
the person named therein as principal is under twenty-one; or

(2) temporary care, maintenance and supervision provided juvenile
delinquents in approved detention facilities at the request of the
office of children and family services pending release revocation
hearings or while awaiting disposition after such hearings; or

(3) temporary care, maintenance and supervision in approved detention
facilities for youth held pursuant to the family court act or the
interstate compact on juveniles, pending return to their place of
residence or domicile; or

(4) prior to January first, two thousand twenty temporary care,
maintenance and supervision provided youth detained in foster care
facilities or certified or approved family boarding homes pursuant to
article seven of the family court act.

(b) Payments made for reserved accommodations, whether or not in full
time use, approved and certified by the office of children and family
services and certified pursuant to section 305.2 of the family court
act, in order to assure that adequate accommodations will be available
for the immediate reception and proper care therein of youth for which
detention costs are reimbursable pursuant to paragraph (a) of this
subdivision, shall be reimbursed as expenditures for care, maintenance
and supervision under the provisions of this section, provided the
office shall have given its prior approval for reserving such
accommodations.

6. The office of children and family services may adopt, amend, or
rescind all rules and regulations, subject to the approval of the
director of the budget and certification to the chairmen of the senate
finance and assembly ways and means committees, necessary to carry out
the provisions of this section.

7. The agency administering detention for each county and the city of
New York shall submit to the office of children and family services, at
such times and in such form and manner and containing such information
as required by the office of children and family services, an annual
report on youth remanded pursuant to article three or seven of the
family court act who are detained during each calendar year including,
commencing January first, two thousand twelve, the risk level of each
detained youth as assessed by a detention risk assessment instrument
approved by the office of children and family services provided,
however, that the report due January first, two thousand twenty-one and
thereafter shall not be required to contain any information on youth who
are subject to article seven of the family court act. The office may
require that such data on detention use be submitted to the office
electronically. Such report shall include, but not be limited to, the
reason for the court's determination in accordance with section 320.5 or
seven hundred thirty-nine of the family court act to detain the youth;
the offense or offenses with which the youth is charged; and all other
reasons why the youth remains detained. The office shall submit a
compilation of all the separate reports to the governor and the
legislature.

8. Notwithstanding any law to the contrary, on or after January first,
two thousand twenty, the state shall not reimburse for the cost of the
detention of any person in need of supervision under article seven of
the family court act.